Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

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Articles from Vol. 29, No. 4, Winter

Basic Themes for Regulatory Takings Litigation

I. INTRODUCTION In my view, the Takings Clause(1) ought not apply to regulations of resource use at all, but only to physical or legal appropriations.(2) Serious unfairness in the administration of land use and environmental laws may raise constitutional...

Does a Regulation That Fails to Advance a Legitimate Governmental Interest Result in a Regulatory Taking?

I. INTRODUCTION The most important and controversial question in regulatory takings law today is whether a regulation that fails to advance a legitimate governmental interest results in a compensable taking under the Fifth Amendment to the United...

Lucas V. South Carolina Coastal Council: The Categorical and Other "Exceptions' to Liability for Fifth Amendment Takings of Private Property Far Outweigh the "Rule"

I. INTRODUCTION To what extent do federal, state, and local government regulations implicate the Takings Clause of the Fifth Amendment to the U.S. Constitution (stating that "nor shall private property be taken for public use, without just compensation").(1)...

I. INTRODUCTION The past ten years have witnessed an explosive increase in the intensity of public debate on how to best use our nation's natural resources.(1) On one side of the debate are the well-established national environmental groups that...

Standing on Their Own Four Legs: The Future of Animal Welfare Litigation after Animal Legal Defense Fund, Inc. V. Glickman

I. INTRODUCTION Marc Jurnove could not believe what he saw at the Long Island Game Park Farm and Zoo. Having spent the majority of his adult life working for various human and animal relief and rescue organizations,(1) Mr. Jurnove knew inhumane...

I. INTRODUCTION Talk is cheap. We distinguish between those who merely "talk the talk" and those who actually "walk the walk." We hear admonitions to "put your money where your mouth is" Usually economists are the first ones in line to inform people...

The Takings Jurisprudence of the Court of Federal Claims and the Federal Circuit

I. INTRODUCTION Through nearly a century and a half of constitutional jurisprudence, the Supreme Court read the straightforward language of the Takings Clause(1) literally(2) and assumed that it "reached only a `direct appropriation' of property...